COMMUNICATION 

FROM  THE 

GOVERNOR  OF  NEW  JERSEY 

RESPECTING 

ENCROACHMENTS  ON  THE  HUDSON  RIVER. 


COMMUNICATION 


FROM  THE 


GOVERNOR  OF  NEW  JERSEY 

RESPECTING 


ENCROACHMENTS  ON  THE  HUDSON  RIVER, 


IN  ANSWER  TO  A 


Resolution  of  the  House  of  Assembly* 


READ  FEBRUARY  22,  1856. 


BELVIDERE: 

PRINTED  BY  HEMENOVER  AND  MOORE. 


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COMMUNICATION. 


State  of  New  Jersey,  > 
Executive  Department.  $ 

Trenton,  February  20th,  1856. 

Hon.  T.  W.  Demarest, 

Speaker  of  the  House  of  Assembly . 

In  answer  to  the  resolution  of  the  House  of  Assembly, 
adopted  on  the  12th  instant,  requesting  to  be  furnished  with 
such  information  as  may  be  in  the  possession  of  the  Execu¬ 
tive,  referring  to  Assembly  bill  No.  29,  entitled,  <c  An  act  to 
provide  for  the  appoinment  of  commissioners  to  inquire  into 
the  effect  of  encroachments,  by  construction  of  works  be¬ 
yond  the  original  shore  line  of  Hudson  river,  and  to  examine 
and  report  a  permanent  line  for  the  water  front  of  Jersey  City, 
Hoboken,  and  all  that  part  of  the  county  of  Hudson  which  is 
bounded  by  the  Hudson  river.” 

By  reference  to  the  report  of  the  Joint  Committee  of  the 
two  houses  of  the  legislature,  appointed  during  the  last  ses¬ 
sion  to  investigate  this  subject,  it  will  be  seen  that  the  said 
committee  met  in  the  city  of  New  York,  by  appointment,  a 
similar  committee  from  the  legislature  of  the  state  of  New 
York,  on  the  30th  day  of  January,  1855.  At  that  time  the 
subject  was  presented  in  all  its  bearings,  and  the  result  of  the 
meeting  was  the  above  mentioned  report,  together  with  the 
accompanying  resolutions  and  bill.  The  resolutions  were  pass- 


4 


ed,  but  the  bill  reported  failed  to  pass  both  houses  of  the  legis¬ 
lature.  The  committee  of  the  New  York  legislature  reported  a 
similar  bill,  creating  five  commissioners,  which  bill  was  passed 
by  that  legislature  on  the  30th  day  of  March,  1855.  This 
board  of  commissioners  proceeded  to  Washington  immedi¬ 
ately  after  their  appointment,  and  requested  from  the  Presi¬ 
dent  of  the  United  States  the  co-operation  and  assistance  of 
the  General  Goverment,  basing  their  application  on  the  ground 
of  the  national  importance  of  the  harbor  of  New  York.  The 
President,  fully  coinciding  in  the  view  taken  by  the  commis¬ 
sioners,  directed  the  superintendent  of  the  coast  survey  to  fur¬ 
nish  such  assistance  as  could  be  rendered  without  detriment 
to  the  public  service.  The  result  has  been  that,  under  the  di¬ 
rection  of  Professor  Bache,  an  entire  survey  has  been  made 
of  the  harbor  of  New  York,  including  the  topography  of  both 
shores,  the  hydrography  of  all  the  adjacent  waters,  and  also 
very  valuable  tidal  and  other  observations.  The  report  of  the 
commissioners,  a  copy  of  which  has  been  furnished  to  me, 
contains  a  detailed  statement  of  the  operations  of  the  topo¬ 
graphical  and  hydrographical  parties. 

Although  the  principal  part  of  the  report  is  taken  up  with 
these  detailed  statements,  yet  it  contains  several  points  of  in¬ 
terest  and  importance  to  New  Jersey. 

For  instance  it  is  stated,  among  other  results  of  careful  ex¬ 
amination,  that  the  most  important  changes  have  occurred  in 
the  Hudson  river  between  the  years  1835  and  1853  are,  that 
it  has  deepened,  from  Fortieth-street  southerly,  nearly  six 
feet,  and  that  the  channel,  instead  of  being,  as  formerly,  in  the 
centre  of  the  river,  is  now  on  the  New  York  side,  while  a  con¬ 
siderable  deposite  has  been  made  on  the  New  Jersey  shore 
southerly  of  Jersey  City.  Opposite  Long  Wharf,  the  channel 
has  deepened  two  feet.  There  is  a  decrease  of  water  generally 


5 


on  the  Jersey  flats,  with  a  tendency  toward  an  even  depth  of 
six  feet  water  in  a  straight  line  from  Ellis  Island  to  Robins 
Reef  light  house.  This  seems  to  show  that  the  survey  has  not 
been  confined  to  the  state  of  New  York,  but  embraces  the 
whole  harbor.  In  addition  to  the  survey  of  the  harbor  under 
the  direction  of  Professor  Bache,  the  commissioners  applied  to 
the  War  Department  for  the  services  of  Gen.  Totten,  chief  en¬ 
gineer  of  the  United  States,  and  to  the  Secretary  of  the  Navy 
for  the  services  of  Commander  Davis,  that  these  gentlemen 
might  form,  with  Professor  Bache,  an  “advisory  council ”  with 
reference  “  to  the  establishment  of  a  suitable  and  permanent 
wharf  and  shore  line  for  New  York  harbor.  In  the  com¬ 
munication  to  the  Secretary  of  War,  the  commissioners  use 
the  following  language  :  “  The  relation  which  the  harbor  of 
New  York  sustains  to  the  commerce  of  the  United  States  is 
such  that  questions  touching  injury  to  it  are  of  national  import¬ 
ance. 

“  The  government  has,  besides,  a  direct  interest  in  them 
through  the  navy  yard  on  the  East  river.  The  encroachments 
on  the  harbor,  though  local,  produce  general  injurious  effects. 

“  Impresed  with  this  view,  the  commissioners  on  harbor  en¬ 
croachments  desire  to  obtain  the  aid  of  the  highest  knowledge, 
experience,  and  skill  which  the  country  affords,  to  advise  in 
regard  to  the  problem  of  physical  and  mechanical  science  and 
of  engineering  involved  in  the  establishment  of  a  permanent 
shore  line  for  the  harbor,  which  shall  restrain  injurious  en¬ 
croachments,  provide  for  a  rapidly  increasing  commerce,  and 
prevent  injurious  or,  if  possible,  improve  the  existing  capa¬ 
bilities  of  the  port  and  of  its  approaches. 

“  The  importance  of  advice  in  this  matter,  which  is  not  on¬ 
ly  disinterested  but  removed  from  all  possibility  of  interest, 
directly  or  indirectly,  in  local  projects,  is  also  very  great,  and 


6 


points  to  the  selection  of  officers  connected  with  the  United 
States  government  for  this  purpose.” 

It  seems  hardly  necessary  to  enlarge  on  the  importance  of 
an  early  action  in  this  matter  on  the  part  of  New  Jersey.  The 
commissioners  of  the  state  of  New  York,  with  the  assistance 
and  under  the  advice  of  officers  of  the  General  Government, 
are  proceeding  with  their  work  on  national  grounds  :  they  do 
not  lose  sight  of  this  position  ;  in  every  step  they  take  they 
have  made  personal  representations  to  me  of  their  solicitude 
for  co-operation  from  this  state.  A  joint  commission  is  neith¬ 
er  desired  nor  desirable,  but  that  the  interest  of  New  Jersey 
should  be  watched  over  in  this  matter  cannot  be  denied. 

The  limit  of  construction  on  Staten  Island  has  yet  to  be  de¬ 
fined,  and  the  action  of  the  New  York  commissioners  at  this 
point  should  be  closely  observed  :  it  is  in  their  power  to  destroy 
entirely  the  navigation  of  the  Newark  bay,  and  our  rights  in 
the  matter  should  be  maintained  with  firmness.  The  import¬ 
ance  of  Jersey  City,  in  a  commercial  point  of  view,  is  daily  in¬ 
creasing,  and  the  entire  shore  opposite  New  York  is  destined 
to  become  at  no  distant  period  the  depot  for  the  produce  of  an 
extensive  area. 

It  is  necessary  that  the  greatest  possible  facilities  be  given  to 
increasing  commerce,  and  that  this  should  be  established  on  a 
proper  basis.  At  no  time  caifthis  be  done  with  so  much  ad¬ 
vantage  to  the  state  as  now,  while  disinterested  officers  of  the 
General  Government  are  engaged  in  the  examination  of  the 
subject.  Their  services  are  gratuitous,  and  all  the  expenses 
of  the  commissioners  proposed  by  this  act  will  be  their  com¬ 
pensation  for  actual  service,  which  will  necessarily  be  brief. 

There  is  no  probability  that  any  line  of  wharfage  will  be 
recommended  by  commissioners  appointed  by  this  state  which 
will  interfere  with  the  established  constructions ;  on  the  con- 


7 


trary,  the  report  of  the  New  York  commissioners  goes  to  show 
that  these  constructions  can  be  extended  still  further  without 
injury  to  the  navigation.  Yet  it  is  very  important  that  all  the 
facts  bearing  in  the  slightest  degree  upon  our  commercial  in¬ 
terests  should  be  known  and  fully  set  forth,  that  a  uniform 
system  of  wharf  construction  should  be  fixed  upon,  and  that  a 
permanent  line  should  be  established,  beyond  which  no  con¬ 
struction  should  be  built.  This  line  determined,  after  careful 
survey  and  study,  by  these  disinterested  and  capable  officers, 
having  no  other  object  in  view  than  the  preservation  of  the 
free  navigation  of  the  harbor  of  New  York,  which  it  would 
be  more  than  folly  for  us  to  injure,  would  be  referred  to  the 
legislature  for  their  approval,  together  with  the  facts  and  data 
upon  which  the  recommendation  of  our  commissioners  was 
founded.  Such  a  line  will  undoubtedly  be  designated  by  the 
federal  officers,  whether  commissioners  are  appointed  by  this 
state  or  not ;  and  the  fact  of  its  being  so  defined  by  these  offi¬ 
cers  might  hereafter  raise  a  question  between  this  state  and  the 
General  Government  regarding  the  harbor  in  a  national  point 
of  view,  as  to  the  right  of  the  state  to  go  beyond  this  line.  It 
is  therefore  of  the  first  importance  that  this  state  should  act  at 
once  to  protect  her  interests,  while  deferring  her  rights.  Know¬ 
ing  the  magnitude  of  these  interests,  I  again  urge  the  necessity 
of  prompt  legislation. 

I  would  recommend,  however,  that  the  bill  be  so  amended 
as  to  include  all  of  the  shore  line  of  the  state  bordering  on  or 
contiguous  to  New  York  bay,  as  well  as  the  Hudson  river. 

I  transmit  herewith,  for  purpose  of  reference,  “  the  Report 
of  Commissioners  relative  to  encroachments  and  preservation 
of  the  harbor  of  New  York/5  transmitted  to  the  legislature  of 
that  state  January  8th,  1856,  and  also  the  “  Report  of  the 
Joint  Committee  of  Senate  and  General  Assembly  of  the  state 


s 


of  New  Jersey  on  encroachments  upon  the  bay  and  harbor  of 
New  York,  with  the  report  of  Egbert  L.  Yiele,  state  topogra¬ 
phical  engineer,  with  accompanying  maps. 


RODMAN  M.  PRICE. 


' 


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